Section 41(4)

In determining the fair share of the benefit to be secured for an employee in respect of ... an invention which has always belonged to an employer, the court or the comptroller shall, among other things, take the following matters into account, that is to say— the nature of the employee’s duties, his remuneration and the other advantages he derives or has derived from his employment or has derived in relation to the invention under this Act; the effort and skill which the employee has devoted to making the invention; the effort and skill which any other person has devoted to making the invention jointly with the employee concerned, and the advice and other assistance contributed by any other employee who is not a joint inventor of the invention; and the contribution made by the employer to the making, developing and working of the invention by the provision of advice, facilities and other assistance, by the provision of opportunities and by his managerial and commercial skill and activities.

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Source: legislation.gov.uk · retrieved 2026-09-04